Procedural Posture

Plaintiff consumer appealed an order from the Superior Court of Los Angeles County (California), which denied his motion for class certification in an action against defendant seller alleging violations of the Consumers Legal Remedies Act (CLRA), Civ. Code, § 1750 et seq., and the Unfair Competition Law (UCL), Bus. & Prof. Code, § 17200 et seq.

Overview: how to fire an employee

The complaint alleged the unlawful sale of products containing a controlled substance as over-the-counter nutritional supplements without requiring a prescription and without notifying customers that the products contained a controlled substance. The trial court, in denying certification of a class of consumers who bought the products, found that common questions did not predominate as to causation and injury. The court held that certification under Code Civ. Proc., § 382, of the UCL claim did not depend on proof of causation and injury as to unnamed class members because Bus. & Prof. Code, § 17204, had no such requirement. The claim presented common issues under Bus. & Prof. Code, § 17203, as to unlawful sales and the amount of restitution. Although certification of a CLRA class action brought under Civ. Code, §§ 1770, subd. (a), 1780, subd. (a), required proof of causation and injury as to unnamed members pursuant to Civ. Code, § 1781, subd. (a), an examination of each member's subjective belief was not necessary. Rather, the materiality of the alleged misrepresentation could be shown by establishing that a reasonable person would not knowingly make an illegal purchase.

Outcome

The court reversed the trial court's order.